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The Caterer

Caterersearch.com auction: Conditions of acceptance

11 September 2007
Caterersearch.com auction: Conditions of acceptance

THE CONDITIONS OF ACCEPTANCE

1. All lots to be sold subject to the Actioneers' Conditions of Sale

2. Items will be sold by Hilditch or an associate company in the Hilditch group and will be lotted at the sole discretion of the Auctioneers.

3. All lots will be sold without reserve unless a reserve is agreed and entered on the entry form at least 48hrs prior to sale. In the event of a reserved lot NOT selling the reserve will automatically be removed and the lot will be entered into the next appropriate sale. The Auctioneers will not be obliged to notify the vendor of any changes in reserve.

4. The Auctioneers may deduct commission and other charges from the proceeds of the sale before accounting to the seller.

5. The Auctioneers commission may vary from sale to sale. Commission rates for each sale will be available from the Auctioneers office. VAT is payable on commission.

6. The Auctioneers reserve the right to refuse items which they consider to be unsaleable or unsuitable for sale. Any lot that is unsaleable will be disposed of without notice to the vendor and will be subject to a minimum handling fee of £5 (plus VAT)

8. All medical equipment sold by auction or tender is sold strictly 'as seen' with faults whether indicated or not. The vendors and Auctioneers accept no liability for the condition of the goods, it is the purchasers' responsibility to check medical equipment prior to use and to ensure that any such equipment is regularly service.

9. Goods entered for sale must be insured by the vendor. The Auctioneers accept no liability for goods damaged or lost on their premises.

10. Where the Auctioneers are of the opinion that certain items will benefit by press and/or catalogue illustrations, such photographs will be charged at the current rate.

11. Where a lot is withdrawn by the seller before the auction the Auctioneer may charge a minimum handling fee of £5 (plus VAT) per lot or 10% (plus VAT) of the anticipated value of the lot whichever is the greater.

12. The Auctioneers act in the sale of goods as agents only and are not responsible for any default buy either the buyer or seller. The Auctioneers shall not be obliged to account for the sale price of any lot unless payment has been made by the buyer nor shall they be obliged to enforce such payment by proceedings or otherwise.

13. Items not sold or not collected will be removed to storage, the cost of removal and storage will be borne by the owner.

14. The seller warrants good title to goods offered for auction free of any bill of sale, hire purchase or leasing agreement or any third party rights. In addition the seller is liable for any claims for injury or loss resulting from the sale of goods sold not being in sound mechanical or electrical order or modified in any way contrary to the manufacturer's specification, unless the item is sold in accordance with Clause 7 (sold as seen). The seller will indemnify the Auctioneers in respect of any third party claims in respect of title and condition of lots sold.

15. Every effort is made to ensure the accurate description of the goods for sale. However Auctioneers cannot be held responsible for errors of description or mis-statement printed in the catalogue.

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